The Union Commerce ministry has announced an action plan to clear all pending applications for trademark registration in a time bound manner. The intiative comes as part of the major project of modernisation and upgradation of the intellectual property framework in the country.
The Trade Marks Registry in India is being modernised at a rapid pace to eliminate the backlog of pending applications. The Action Plan for 2003-04 includes registration of trademarks in clear cases within one year from receipt of applications as against 5 to 7 years taken earlier. Renewal of registered trade marks within a week of the receipt of application for renewal as against 2 to 3 years taken earlier, ensuring no backlog at any stage except that of contested cases and expediting disposal of contested cases and also high on the agenda of the ministry. The modernization of branch offices at Kolkata and Chennai are also progressing well.
As part of decentralisation of the operations, examination of applications will begin at branch offices with effect from April 2003 and renewal of registered trademarks at branch offices by the end of the first quarter of 2003. Substantial progress will also be made towards complete automation of Trade Marks Registry functioning.
It is known that the backlog of unexamined trademark applications has been reduced from 5 or 6 years to less than a year now and will be fully liquidated by September 2003. The ministry plans to have zero pendency by the Trade Marks Registry in respect of issuance of the first examination report by March 31, 2003.
Renewal of Trade Marks Certificates is being done instantly in clear cases, while online registration of applications in all the regional offices and the headquarters started from October 2002.
Government undertook modernisation of intellectual property framework as a strategic response to the emerging challenges posed by globalisation and the increasing relevance and importance of intellectual property in a knowledge-based development environment. This has included modernisation of the infrastructure of Patent Offices, Trade Marks Registry etc., besides legislative changes in the relevant IPR laws. The TMR administers the Trade and Merchandise Marks Act (1958) and the Head Office the TMR is at Kolkata.